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Benyamini v. Forsthy

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 19, 2010

ROBERT P. BENYAMINI, PLAINTIFF,
v.
T. FORSTHY, ET AL., DEFENDANTS.

FINDINGS & RECOMMENDATIONS

By order filed June 28, 2010, plaintiff was ordered to file an amended complaint within fifteen days from the service of the court's order. Plaintiff was also instructed that the amended complaint must comply with the court's April 29, 2010 order. The fifteen day period has now expired, and plaintiff has not filed an amended complaint or otherwise responded to the court's order.

Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

20100719

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